司法中环境利益与经济利益的利益衡量路径

The Way of Balancing Interests between Environmental Interests and Economic Interests in Justice

在环境司法领域,环境利益与经济利益冲突事件频发。环境侵权行为的复杂性、法规滞后性等,使法律形式主义的弊端在环境司法中日益凸显。笔者认为,两利益虽不存在某种绝对、排他的价值位阶,但在具体案件中可以对两种利益进行利益衡量。基本的社会共识与制度共识是对其进行异质利益衡量的价值基础,法官可以以补偿性生态恢复作为环境侵权案件的裁判目的,根据目的原则、效率原则与公平原则选择合理的救济途径。

There are frequent conflicts between environmental interests and economic interests in environmental justice.However,the drawbacks of legal formalism in environmental justice have become increasingly serious.This article argued that although there is no absolute and exclusive value rank between the two interests,it is solvable to balance these interests in specific cases.The basic social consensus and institutional consensus are the value basis for measuring these interests.Judges can take compensatory ecological restoration as the purpose of judgment in environmental tort cases,and reasonably choose remedies according to the principles of purpose,efficiency and fairness.